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Published by Foreclosure Fraud
4closureFraud.org
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Published by: Foreclosure Fraud on May 03, 2013
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05/25/2013

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CS/CS/HB 87
 
2013
 
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0087-02-c2Page 1 of 20
FLORIDA HOUSE OF REPRESENTATIVES
A bill to be entitled1An act relating to mortgage foreclosures; amending s.295.11, F.S.; revising the limitations period for3commencing an action to enforce a claim of a4deficiency judgment after a foreclosure action;5providing for applicability to actions commenced on or6after a specified date; providing a time limitation7for commencing certain actions; creating s. 702.015,8F.S.; providing legislative intent; specifying9required contents of a complaint seeking to foreclose10on certain types of residential properties with11respect to the authority of the plaintiff to foreclose12on the note and the location of the note; authorizing13sanctions against plaintiffs who fail to comply with14complaint requirements; providing for nonapplicability15to proceedings involving timeshare interests; creating16s. 702.036, F.S.; requiring a court to treat a17collateral attack on a final judgment of foreclosure18on a mortgage as a claim for monetary damages under19certain circumstances; prohibiting such court from20granting certain relief affecting title to the21foreclosed property; providing for construction22relating to the rights of certain persons to seek23specified types of relief or pursue claims against the24foreclosed property under certain circumstances;25amending s. 702.06, F.S.; limiting the amount of a26deficiency judgment; amending s. 702.10, F.S.;27revising the class of persons authorized to move for28
 
 
CS/CS/HB 87
 
2013
 
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0087-02-c2Page 2 of 20
FLORIDA HOUSE OF REPRESENTATIVES
expedited foreclosure to include lienholders; defining29the term "lienholder"; providing requirements and30procedures with respect to an order directed to31defendants to show cause why a final judgment of32foreclosure should not be entered; providing that33certain failures by a defendant to make certain34filings or to make certain appearances may have35specified legal consequences; requiring the court to36enter a final judgment of foreclosure and order a37foreclosure sale under certain circumstances; revising38a restriction on a mortgagee to request a court to39order a mortgagor defendant to make payments or to40vacate the premises during an action to foreclose on41residential real estate to provide that the42restriction applies to all but owner-occupied43residential property; providing a presumption44regarding owner-occupied residential property;45creating s. 702.11, F.S.; providing requirements for46reasonable means of providing adequate protection47under s. 673.3091, F.S., in mortgage foreclosures of48certain residential properties; providing for49liability of persons who wrongly claim to be holders50of or entitled to enforce a lost, stolen, or destroyed51note and cause the mortgage secured thereby to be52foreclosed in certain circumstances; providing53legislative findings; providing for applicability;54requesting the Florida Supreme Court to adopt rules55and forms to expedite foreclosure proceedings;56
 
 
CS/CS/HB 87
 
2013
 
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0087-02-c2Page 3 of 20
FLORIDA HOUSE OF REPRESENTATIVES
providing an effective date.5758Be It Enacted by the Legislature of the State of Florida:5960Section 1. Paragraph (b) of subsection (2) of section6195.11, Florida Statutes, is amended, and paragraph (h) is added62to subsection (5) of that section, to read:6395.11 Limitations other than for the recovery of real64property.
 — 
Actions other than for recovery of real property shall65be commenced as follows:66(2) WITHIN FIVE YEARS.
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 67(b) A legal or equitable action on a contract, obligation,68or liability founded on a written instrument, except for an69action to enforce a claim against a payment bond, which shall be70governed by the applicable provisions of paragraph (5)(e), s.71255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an72action for a deficiency judgment governed by paragraph (5)(h).73(5) WITHIN ONE YEAR.
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 74(h) An action to enforce a claim of a deficiency related75to a note secured by a mortgage against a residential property76that is a one-family to four-family dwelling unit. The77limitations period shall commence on the day after the78certificate is issued by the clerk of court or the day after the79mortgagee accepts a deed in lieu of foreclosure.80Section 2. The amendments made by this act to s. 95.11,81Florida Statutes, apply to any action commenced on or after July821, 2013, regardless of when the cause of action accrued.83However, any action that would not have been barred under s.84

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